Case: Davis v. Neal

1:21-cv-01773 | U.S. District Court for the District of Delaware

Filed Date: Dec. 17, 2021

Case Ongoing

Clearinghouse coding complete

Case Summary

This lawsuit concerns allegations of attacks on incarcerated people by Delaware Department of Corrections (DOC) employees at the Sussex Correctional Institution (SCI).  On December 17, 2021, two incarcerated individuals filed suit against five DOC officers employed at SCI, the warden of SCI, and SCI. Plaintiffs filed suit in the U.S. District Court for the District of Delaware. Represented by the ACLU of Delaware, the plaintiffs alleged that on two occasions the defendants engaged in violence, …

This lawsuit concerns allegations of attacks on incarcerated people by Delaware Department of Corrections (DOC) employees at the Sussex Correctional Institution (SCI). 

On December 17, 2021, two incarcerated individuals filed suit against five DOC officers employed at SCI, the warden of SCI, and SCI. Plaintiffs filed suit in the U.S. District Court for the District of Delaware. Represented by the ACLU of Delaware, the plaintiffs alleged that on two occasions the defendants engaged in violence, including kicking, punching, and an assault with pepper spray, against the plaintiff that violated their Fourteenth Amendment rights. This lawsuit was brought under 42 U.S. Code § 1983. On Count I, the plaintiffs argued use of excessive force against the plaintiffs violated their Fourteenth Amendment rights to be free from cruel and unusual punishment. On Count II, they argued that the defendants’ lack of medical care after the use of excessive force violated their Fourteenth Amendment rights to be free from cruel and unusual punishment. On Count III, the plaintiffs argued the officials at SCI failed to supervise the officers thus making them personally involved in the violation of their Fourteenth Amendment rights. On Count IV, the plaintiffs argued that the officers failed to intervene in violation of the plaintiffs’ Fourteenth Amendment rights. On Count V, they argued that because of the defendants’ status as correctional officers, their actions were state-created danger and violated the Fourteenth Amendment. On Count VI, the plaintiffs argued the defendants’ actions were assault and battery. On Count VI, the plaintiffs argued the defendants caused the intentional infliction of emotional distress. On Count VII, the plaintiffs argued the acts and omissions of the defendants caused violations of the law of dignity.

The plaintiffs sought damages, an injunction, and attorney’s fees. The case was assigned to Judge Maryellen Noreika. 

On February 16, 2022, the plaintiffs filed an amended complaint that named additional plaintiffs who were also incarcerated people who experienced violent attacks. The complaint also named additional corrections officers as defendants.

On April 5, 2022, the case was reassigned to Judge Thomas L. Ambro of the Court of Appeals for the Third Circuit as the Chief Judge found it in the public interest under 28 U.S.C. § 291(b).

The defendants filed a motion to dismiss and motion to sever on September 16, 2022. They alleged the plaintiffs’ claims were vague and incomplete. They also argued that the plaintiffs’ claims are 39 separate incidents with only their location in common. They argued that any remaining claim should be severed because they were dissimilar claims.

On August 17, 2023, the court granted the defendants’ motion to dismiss in part. The court found some of the claims for inadequate health care failed because they lacked sufficient detail, or the defendant was not involved in the incident after which the plaintiff allegedly received inadequate medical care. The court also dismissed the claim for violation of dignity because the plaintiffs did not cite a standalone cause of action. The court denied the defendants’ motion to sever, finding that the plaintiffs’ claims more closely resemble a pattern of related abuse rather than dissimilar conduct.

Details of a second amended complaint were not available to the Clearinghouse. The plaintiffs filed a third amended complaint on September 19, 2023, adding a claim of the violation of the plaintiffs’ substantive due process rights.

In September 2023, the case was reassigned to Judge Gregory B. Williams.

On February 15, 2024, this case was consolidated with two other cases: Erskine v. Delaware Department of Corrections (1:20-cv-01771-GBW) and McIvor-Bosman v. DE Dept. of Corrections Training Center (1:21-cv-01612-GBW). Plaintiffs in both cases alleged that DOC officers assaulted them while they were incarcerated.

As of February 2025, this case is ongoing.

Summary Authors

Cara Claflin (3/21/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/61627135/parties/davis-v-neal/


Attorney for Plaintiff

Bensing, Dwayne Julian (Delaware)

Burke, Susan L (Delaware)

Griffith, Daniel A. (Delaware)

Meck, Andrew Harry (Delaware)

Attorney for Defendant

Feo, Marisa R. (Delaware)

Expert/Monitor/Master/Other

show all people

Documents in the Clearinghouse

Document
2

1:20-cv-01771

Complaint

Erskine v. Delaware Department of Corrections

Dec. 23, 2020

Dec. 23, 2020

Complaint
1

1:21-cv-01612

Complaint

McIvor v. DE Department of Corrections Training Center

Nov. 15, 2021

Nov. 15, 2021

Complaint
1

1:21-cv-01773

Complaint

Dec. 17, 2021

Dec. 17, 2021

Complaint
3

1:21-cv-01773

Amended Complaint

Feb. 16, 2022

Feb. 16, 2022

Complaint
25

1:21-cv-01773

Designation of Circuit Judge to Hold a District Court Within the Circuit

April 5, 2022

April 5, 2022

Order/Opinion
33

1:21-cv-01773

Doc Defendants’ Opening Brief in Support of Their Partial Motion to Dismiss Plaintiffs’ Second Amended Complaint and Motion to Sever

Sept. 16, 2022

Sept. 16, 2022

Pleading / Motion / Brief
60

1:21-cv-01773

Third Amended Complaint

Sept. 19, 2023

Sept. 19, 2023

Complaint
102

1:21-cv-01773

Stipulation of Consolidation

Feb. 9, 2024

Feb. 9, 2024

Settlement Agreement

Docket

See docket on RECAP: https://www.courtlistener.com/docket/61627135/davis-v-neal/

Last updated Aug. 19, 2025, 3:33 a.m.

ECF Number Description Date Link Date / Link
2

Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (twk) (Entered: 12/17/2021)

Dec. 17, 2021

Dec. 17, 2021

PACER
1

COMPLAINT filed with Jury Demand against Jon Beck, Braswell, John Does, Evanglett, Matthew Long, Ryan Maddox, Truman Mears, Kirk Neal, L. Neal, Sussex Correctional Institution - Magistrate Consent Notice to Pltf. ( Filing fee $ 402, receipt number BDEDC-3766092.) - filed by Isaac Montague, William Davis. (Attachments: # 1 Civil Cover Sheet)(twk) Modified on 12/22/2021 (nmg). (Entered: 12/17/2021)

1 Civil Cover Sheet

View on PACER

Dec. 17, 2021

Dec. 17, 2021

Clearinghouse

No Summons Issued

Dec. 17, 2021

Dec. 17, 2021

PACER

No Summons Issued. (twk)

Dec. 17, 2021

Dec. 17, 2021

PACER

Case Assigned/Reassigned

Dec. 22, 2021

Dec. 22, 2021

PACER

Case Assigned to Judge Maryellen Noreika. Please include the initials of the Judge (MN) after the case number on all documents filed. (rjb)

Dec. 22, 2021

Dec. 22, 2021

PACER
3

AMENDED COMPLAINT against All Defendants - filed by William Davis, Isaac Montague, Gerald Lusby, Timothy Newcomb, Nasier Gibbs, AJ McMullen, Donbray Durham, Donald R Beckwith, Christopher Morales, Charles Turner, George Sturgis, Adam Calloway, Augustine Haymond, Kevin Ignudo, Michael Kline, Luke Erixson, Richard Edwards, Aaron Givens, Keith Campbell, Neki T Gibbs Sr., Barry Kline.(Griffith, Daniel) (Additional attachment(s) added on 2/17/2022: # 1 Redline Comparison) (dlw). (Entered: 02/16/2022)

1 Redline Comparison

View on PACER

Feb. 16, 2022

Feb. 16, 2022

Clearinghouse
24

WAIVER OF SERVICE returned executed by Nasier Gibbs, William Davis, Timothy Newcomb, George Sturgis, Gerald Lusby, Christopher Morales, Augustine Haymond, Charles Turner, Adam Calloway, Kevin Ignudo, Isaac Montague, Barry Kline, Donbray Durham, Aaron Givens, Michael Kline, Donald R Beckwith, Keith Campbell, AJ McMullen, Richard Edwards, Neki T Gibbs Sr., Luke Erixson: For Sesseler waiver sent on 3/22/2022, answer due 5/23/2022. (Griffith, Daniel) (Entered: 03/22/2022)

March 22, 2022

March 22, 2022

PACER
23

WAIVER OF SERVICE returned executed by Nasier Gibbs, William Davis, Timothy Newcomb, George Sturgis, Gerald Lusby, Christopher Morales, Augustine Haymond, Charles Turner, Adam Calloway, Kevin Ignudo, Isaac Montague, Barry Kline, Donbray Durham, Aaron Givens, Michael Kline, Donald R Beckwith, Keith Campbell, AJ McMullen, Richard Edwards, Neki T Gibbs Sr., Luke Erixson: For Kirk Neal waiver sent on 3/22/2022, answer due 5/23/2022. (Griffith, Daniel) (Entered: 03/22/2022)

March 22, 2022

March 22, 2022

PACER
22

WAIVER OF SERVICE returned executed by Nasier Gibbs, William Davis, Timothy Newcomb, George Sturgis, Gerald Lusby, Christopher Morales, Augustine Haymond, Charles Turner, Adam Calloway, Kevin Ignudo, Isaac Montague, Barry Kline, Donbray Durham, Aaron Givens, Michael Kline, Donald R Beckwith, Keith Campbell, AJ McMullen, Richard Edwards, Neki T Gibbs Sr., Luke Erixson: For Braswell waiver sent on 3/22/2022, answer due 5/23/2022. (Griffith, Daniel) (Entered: 03/22/2022)

March 22, 2022

March 22, 2022

PACER
21

WAIVER OF SERVICE returned executed by Nasier Gibbs, William Davis, Timothy Newcomb, George Sturgis, Gerald Lusby, Christopher Morales, Augustine Haymond, Charles Turner, Adam Calloway, Kevin Ignudo, Isaac Montague, Barry Kline, Donbray Durham, Aaron Givens, Michael Kline, Donald R Beckwith, Keith Campbell, AJ McMullen, Richard Edwards, Neki T Gibbs Sr., Luke Erixson: For Kraft waiver sent on 3/22/2022, answer due 5/23/2022. (Griffith, Daniel) (Entered: 03/22/2022)

March 22, 2022

March 22, 2022

PACER
20

WAIVER OF SERVICE returned executed by Nasier Gibbs, William Davis, Timothy Newcomb, George Sturgis, Gerald Lusby, Christopher Morales, Augustine Haymond, Charles Turner, Adam Calloway, Kevin Ignudo, Isaac Montague, Barry Kline, Donbray Durham, Aaron Givens, Michael Kline, Donald R Beckwith, Keith Campbell, AJ McMullen, Richard Edwards, Neki T Gibbs Sr., Luke Erixson: For Issac Mitchell waiver sent on 3/22/2022, answer due 5/23/2022. (Griffith, Daniel) (Entered: 03/22/2022)

March 22, 2022

March 22, 2022

PACER
19

WAIVER OF SERVICE returned executed by Nasier Gibbs, William Davis, Timothy Newcomb, George Sturgis, Gerald Lusby, Christopher Morales, Augustine Haymond, Charles Turner, Adam Calloway, Kevin Ignudo, Isaac Montague, Barry Kline, Donbray Durham, Aaron Givens, Michael Kline, Donald R Beckwith, Keith Campbell, AJ McMullen, Richard Edwards, Neki T Gibbs Sr., Luke Erixson: For Brandon Messick waiver sent on 3/22/2022, answer due 5/23/2022. (Griffith, Daniel) (Entered: 03/22/2022)

March 22, 2022

March 22, 2022

PACER
18

WAIVER OF SERVICE returned executed by Nasier Gibbs, William Davis, Timothy Newcomb, George Sturgis, Gerald Lusby, Christopher Morales, Augustine Haymond, Charles Turner, Adam Calloway, Kevin Ignudo, Isaac Montague, Barry Kline, Donbray Durham, Aaron Givens, Michael Kline, Donald R Beckwith, Keith Campbell, AJ McMullen, Richard Edwards, Neki T Gibbs Sr., Luke Erixson: For Steven Long waiver sent on 3/22/2022, answer due 5/23/2022. (Griffith, Daniel) (Entered: 03/22/2022)

March 22, 2022

March 22, 2022

PACER
17

WAIVER OF SERVICE returned executed by Nasier Gibbs, William Davis, Timothy Newcomb, George Sturgis, Gerald Lusby, Christopher Morales, Augustine Haymond, Charles Turner, Adam Calloway, Kevin Ignudo, Isaac Montague, Barry Kline, Donbray Durham, Aaron Givens, Michael Kline, Donald R Beckwith, Keith Campbell, AJ McMullen, Richard Edwards, Neki T Gibbs Sr., Luke Erixson: For Ryan Maddox waiver sent on 3/22/2022, answer due 5/23/2022. (Griffith, Daniel) (Entered: 03/22/2022)

March 22, 2022

March 22, 2022

PACER
16

WAIVER OF SERVICE returned executed by Nasier Gibbs, William Davis, Timothy Newcomb, George Sturgis, Gerald Lusby, Christopher Morales, Augustine Haymond, Charles Turner, Adam Calloway, Kevin Ignudo, Isaac Montague, Barry Kline, Donbray Durham, Aaron Givens, Michael Kline, Donald R Beckwith, Keith Campbell, AJ McMullen, Richard Edwards, Neki T Gibbs Sr., Luke Erixson: For L. Neal waiver sent on 3/22/2022, answer due 5/23/2022. (Griffith, Daniel) (Entered: 03/22/2022)

March 22, 2022

March 22, 2022

PACER
15

WAIVER OF SERVICE returned executed by Nasier Gibbs, William Davis, Timothy Newcomb, George Sturgis, Gerald Lusby, Christopher Morales, Augustine Haymond, Charles Turner, Adam Calloway, Kevin Ignudo, Isaac Montague, Barry Kline, Donbray Durham, Aaron Givens, Michael Kline, Donald R Beckwith, Keith Campbell, AJ McMullen, Richard Edwards, Neki T Gibbs Sr., Luke Erixson: For Wilkens waiver sent on 3/22/2022, answer due 5/23/2022. (Griffith, Daniel) (Entered: 03/22/2022)

March 22, 2022

March 22, 2022

PACER
14

WAIVER OF SERVICE returned executed by Nasier Gibbs, William Davis, Timothy Newcomb, George Sturgis, Gerald Lusby, Christopher Morales, Augustine Haymond, Charles Turner, Adam Calloway, Kevin Ignudo, Isaac Montague, Barry Kline, Donbray Durham, Aaron Givens, Michael Kline, Donald R Beckwith, Keith Campbell, AJ McMullen, Richard Edwards, Neki T Gibbs Sr., Luke Erixson: For Vernet waiver sent on 3/22/2022, answer due 5/23/2022. (Griffith, Daniel) (Entered: 03/22/2022)

March 22, 2022

March 22, 2022

PACER
13

WAIVER OF SERVICE returned executed by Nasier Gibbs, William Davis, Timothy Newcomb, George Sturgis, Gerald Lusby, Christopher Morales, Augustine Haymond, Charles Turner, Adam Calloway, Kevin Ignudo, Isaac Montague, Barry Kline, Donbray Durham, Aaron Givens, Michael Kline, Donald R Beckwith, Keith Campbell, AJ McMullen, Richard Edwards, Neki T Gibbs Sr., Luke Erixson: For Charles waiver sent on 3/22/2022, answer due 5/23/2022. (Griffith, Daniel) (Entered: 03/22/2022)

March 22, 2022

March 22, 2022

PACER
12

SUMMONS Returned Executed as to., WAIVER OF SERVICE returned executed by Nasier Gibbs, William Davis, Timothy Newcomb, George Sturgis, Gerald Lusby, Christopher Morales, Augustine Haymond, Charles Turner, Adam Calloway, Kevin Ignudo, Isaac Montague, Barry Kline, Donbray Durham, Aaron Givens, Michael Kline, Donald R Beckwith, Keith Campbell, AJ McMullen, Richard Edwards, Neki T Gibbs Sr., Luke Erixson: For Purnell waiver sent on 3/22/2022, answer due 5/23/2022. (Griffith, Daniel) (Entered: 03/22/2022)

March 22, 2022

March 22, 2022

PACER
11

WAIVER OF SERVICE returned executed by Nasier Gibbs, William Davis, Timothy Newcomb, George Sturgis, Gerald Lusby, Christopher Morales, Augustine Haymond, Charles Turner, Adam Calloway, Kevin Ignudo, Isaac Montague, Barry Kline, Donbray Durham, Aaron Givens, Michael Kline, Donald R Beckwith, Keith Campbell, AJ McMullen, Richard Edwards, Neki T Gibbs Sr., Luke Erixson: For Truman Mears waiver sent on 3/22/2022, answer due 5/23/2022. (Griffith, Daniel) (Entered: 03/22/2022)

March 22, 2022

March 22, 2022

PACER
10

WAIVER OF SERVICE returned executed by Nasier Gibbs, William Davis, Timothy Newcomb, George Sturgis, Gerald Lusby, Christopher Morales, Augustine Haymond, Charles Turner, Adam Calloway, Kevin Ignudo, Isaac Montague, Barry Kline, Donbray Durham, Aaron Givens, Michael Kline, Donald R Beckwith, Keith Campbell, AJ McMullen, Richard Edwards, Neki T Gibbs Sr., Luke Erixson: For McCarthy waiver sent on 3/22/2022, answer due 5/23/2022. (Griffith, Daniel) (Entered: 03/22/2022)

March 22, 2022

March 22, 2022

PACER
9

WAIVER OF SERVICE returned executed by Nasier Gibbs, William Davis, Timothy Newcomb, George Sturgis, Gerald Lusby, Christopher Morales, Augustine Haymond, Charles Turner, Adam Calloway, Kevin Ignudo, Isaac Montague, Barry Kline, Donbray Durham, Aaron Givens, Michael Kline, Donald R Beckwith, Keith Campbell, AJ McMullen, Richard Edwards, Neki T Gibbs Sr., Luke Erixson: For Matthew Long waiver sent on 3/22/2022, answer due 5/23/2022. (Griffith, Daniel) (Entered: 03/22/2022)

March 22, 2022

March 22, 2022

PACER
8

WAIVER OF SERVICE returned executed by Nasier Gibbs, William Davis, Timothy Newcomb, George Sturgis, Gerald Lusby, Christopher Morales, Augustine Haymond, Charles Turner, Adam Calloway, Kevin Ignudo, Isaac Montague, Barry Kline, Donbray Durham, Aaron Givens, Michael Kline, Donald R Beckwith, Keith Campbell, AJ McMullen, Richard Edwards, Neki T Gibbs Sr., Luke Erixson: For Mathis waiver sent on 3/22/2022, answer due 5/23/2022. (Griffith, Daniel) (Entered: 03/22/2022)

March 22, 2022

March 22, 2022

PACER
7

WAIVER OF SERVICE returned executed by Nasier Gibbs, William Davis, Timothy Newcomb, George Sturgis, Gerald Lusby, Christopher Morales, Augustine Haymond, Charles Turner, Adam Calloway, Kevin Ignudo, Isaac Montague, Barry Kline, Donbray Durham, Aaron Givens, Michael Kline, Donald R Beckwith, Keith Campbell, AJ McMullen, Richard Edwards, Neki T Gibbs Sr., Luke Erixson: For Purdy waiver sent on 3/22/2022, answer due 5/23/2022. (Griffith, Daniel) (Entered: 03/22/2022)

March 22, 2022

March 22, 2022

PACER
6

WAIVER OF SERVICE returned executed by Nasier Gibbs, William Davis, Timothy Newcomb, George Sturgis, Gerald Lusby, Christopher Morales, Augustine Haymond, Charles Turner, Adam Calloway, Kevin Ignudo, Isaac Montague, Barry Kline, Donbray Durham, Aaron Givens, Michael Kline, Keith Campbell, AJ McMullen, Richard Edwards, Neki T Gibbs Sr., Luke Erixson: For Aaron Givens waiver sent on 3/22/2022, answer due 5/23/2022. (Griffith, Daniel) (Entered: 03/22/2022)

March 22, 2022

March 22, 2022

PACER
5

WAIVER OF SERVICE returned executed by Nasier Gibbs, William Davis, Timothy Newcomb, George Sturgis, Gerald Lusby, Christopher Morales, Augustine Haymond, Charles Turner, Adam Calloway, Kevin Ignudo, Isaac Montague, Barry Kline, Donbray Durham, Aaron Givens, Michael Kline, Donald R Beckwith, Keith Campbell, AJ McMullen, Richard Edwards, Neki T Gibbs Sr., Luke Erixson: For Cassidy waiver sent on 3/22/2022, answer due 5/23/2022. (Griffith, Daniel) (Entered: 03/22/2022)

March 22, 2022

March 22, 2022

PACER
4

WAIVER OF SERVICE returned executed by Timothy Newcomb, George Sturgis, Christopher Morales, Charles Turner, Isaac Montague: For Jon Beck waiver sent on 3/22/2022, answer due 5/23/2022. (Griffith, Daniel) (Entered: 03/22/2022)

March 22, 2022

March 22, 2022

PACER
25

ORDER: DESIGNATION OF CIRCUIT JUDGE TO HOLD A DISTRICT COURT WITHIN THE CIRCUIT, designating and assigning the Honorable Thomas L. Ambro of the United States Court of Appeals for the Third Circuit. Signed by Judge Michael A Chagares, Chief Judge of the United States Court of Appeals for the Third Circuit on 4/5/2022. (rjb) (Entered: 04/05/2022)

April 5, 2022

April 5, 2022

Clearinghouse

Case Assigned/Reassigned

April 5, 2022

April 5, 2022

PACER

Case Reassigned to Judge Thomas L. Ambro of the United States Court of Appeals for the Third Circuit. Please include the initials of the Judge (TLA) after the case number on all documents filed. (rjb)

April 5, 2022

April 5, 2022

PACER
26

Joint STIPULATION TO EXTEND TIME Response to Second Amended Complaint to 30 days after filing of second amended complaint - filed by Jon Beck, Braswell, Cassidy, Charles, Clark, Duperon, Givens, Hastings, Hudson, Kraft, Matthew Long, Steven Long, Ryan Maddox, Mathis, McCarthy, Truman Mears, Brandon Messick, Issac Mitchell, Kirk Neal, L. Neal, Purdy, Purnell, Sesseler, Steele, Sussex Correctional Institution, West, Wilkens, Wright. (Taylor, James) (Entered: 04/16/2022)

April 16, 2022

April 16, 2022

PACER
27

ORDER, IT IS HEREBY ORDERED this 20th day of April, 2022, that the time for the Department of Corrections Defendants to file any responsive pleading is stayed and extended as follows: Counsel for the Department of Corrections Defendants shall have two weeks fromreceipt of Plaintiffs Second Amended Complaint to determine whether the SecondAmended Complaint is contested; and Upon the filing of the Second Amended Complaint, any party who has waived serviceshall have thirty days to file a responsive pleading. Signed by Judge Thomas L. Ambro on 4/20/2022. (cna, ) (Entered: 04/20/2022)

April 20, 2022

April 20, 2022

PACER
29

SO ORDERED, re 28 STIPULATION and Proposed Order to File Second Amended Complaint. Signed by Judge Thomas L. Ambro on 7/21/2022. (smg) (Entered: 07/21/2022)

July 21, 2022

July 21, 2022

PACER
28

PROPOSED ORDER Stipulated Order to File Second Amended Complaint re 3 Amended Complaint, by Donald R Beckwith, Adam Calloway, Keith Campbell, William Davis, Donbray Durham, Richard Edwards, Luke Erixson, Nasier Gibbs, Neki T Gibbs Sr., Aaron Givens, Augustine Haymond, Kevin Ignudo, Barry Kline, Michael Kline, Gerald Lusby, AJ McMullen, Isaac Montague, Christopher Morales, Timothy Newcomb, George Sturgis, Charles Turner. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Griffith, Daniel) (Entered: 07/21/2022)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

July 21, 2022

July 21, 2022

PACER

SO ORDERED

July 21, 2022

July 21, 2022

PACER
30

NOTICE of Appearance by Dwayne Julian Bensing on behalf of All Plaintiffs (Bensing, Dwayne) (Entered: 07/22/2022)

July 22, 2022

July 22, 2022

PACER
31

STIPULATION TO EXTEND TIME Response to 2nd Amended Complaint to September 16, 2022 - filed by Jon Beck, Braswell, Cassidy, Duperon, Givens, Hastings, Hudson, Kraft, Matthew Long, Steven Long, Ryan Maddox, Mathis, McCarthy, Truman Mears, Brandon Messick, Issac Mitchell, Kirk Neal, L. Neal, Purdy, Purnell, Steele, Sussex Correctional Institution, Vernet, West, Wilkens, Wright. (Taylor, James) (Entered: 08/22/2022)

Aug. 22, 2022

Aug. 22, 2022

PACER

SO ORDERED

Aug. 29, 2022

Aug. 29, 2022

PACER

SO ORDERED, re 31 STIPULATION TO EXTEND TIME. The Defendants deadline to file a response to the Plaintiffs Second Amended Complaint is extended to September 16, 2022. Signed by Judge Thomas L. Ambro on 8/29/2022. (apk)

Aug. 29, 2022

Aug. 29, 2022

PACER
33

OPENING BRIEF in Support re 32 MOTION to Dismiss for Failure to State a Claim Second amended complaint filed by Jon Beck, Braswell, Cassidy, Charles, Clark, Duperon, Givens, Hastings, Hudson, Kraft, Matthew Long, Steven Long, Ryan Maddox, Mathis, McCarthy, Truman Mears, Brandon Messick, Issac Mitchell, Kirk Neal, L. Neal, Purdy, Purnell, Sesseler, Steele, Sussex Correctional Institution, Vernet, West, Wilkens.Answering Brief/Response due date per Local Rules is 9/30/2022. (Attachments: # 1 Exhibit 1-4)(Taylor, James) (Entered: 09/16/2022)

Sept. 16, 2022

Sept. 16, 2022

Clearinghouse
32

MOTION to Dismiss for Failure to State a Claim Second amended complaint - filed by Jon Beck, Braswell, Cassidy, Charles, Clark, Duperon, Givens, Hastings, Hudson, Kraft, Matthew Long, Steven Long, Ryan Maddox, Mathis, McCarthy, Truman Mears, Brandon Messick, Issac Mitchell, Kirk Neal, L. Neal, Purdy, Purnell, Sesseler, Steele, Sussex Correctional Institution, Vernet, West, Wilkens, Wright. (Attachments: # 1 Text of Proposed Order)(Taylor, James) (Entered: 09/16/2022)

Sept. 16, 2022

Sept. 16, 2022

PACER
34

STIPULATION To Extend Deadline for Plaintiffs' to Respond to Defendants' Partial Motion to Dismiss Plaintiffs' Second Amended Complaint and Motion to Sever re 33 Opening Brief in Support,, 32 MOTION to Dismiss for Failure to State a Claim Second amended complaint by Donald R Beckwith, Adam Calloway, Keith Campbell, William Davis, Donbray Durham, Richard Edwards, Luke Erixson, Nasier Gibbs, Neki T Gibbs Sr., Aaron Givens, Augustine Haymond, Kevin Ignudo, Barry Kline, Michael Kline, Gerald Lusby, AJ McMullen, Isaac Montague, Christopher Morales, Timothy Newcomb, George Sturgis, Charles Turner. (Griffith, Daniel) (Entered: 09/29/2022)

Sept. 29, 2022

Sept. 29, 2022

PACER
35

SO ORDERED, re 34 STIPULATION. The Plaintiffs deadline to file a response to the Defendants Partial Motion to Dismiss the SAC and Motion to Sever is extended to October 14, 2022. Signed by Judge Thomas L. Ambro on 10/6/2022. (apk) (Entered: 10/06/2022)

Oct. 6, 2022

Oct. 6, 2022

PACER

SO ORDERED

Oct. 6, 2022

Oct. 6, 2022

PACER
36

ANSWERING BRIEF in Opposition re 32 MOTION to Dismiss for Failure to State a Claim Second amended complaint filed by Donald R Beckwith, Adam Calloway, Keith Campbell, William Davis, Donbray Durham, Richard Edwards, Luke Erixson, Nasier Gibbs, Neki T Gibbs Sr., Aaron Givens, Augustine Haymond, Kevin Ignudo, Barry Kline, Michael Kline, Gerald Lusby, AJ McMullen, Isaac Montague, Christopher Morales, Timothy Newcomb, George Sturgis, Charles Turner.Reply Brief due date per Local Rules is 10/21/2022. (Griffith, Daniel) (Entered: 10/14/2022)

Oct. 14, 2022

Oct. 14, 2022

PACER
37

REPLY BRIEF re 32 MOTION to Dismiss for Failure to State a Claim Second amended complaint filed by Jon Beck, Braswell, Cassidy, Charles, Clark, Duperon, Givens, Hastings, Hudson, Kraft, Matthew Long, Steven Long, Ryan Maddox, Mathis, McCarthy, Truman Mears, Brandon Messick, Issac Mitchell, Kirk Neal, L. Neal, Purdy, Purnell, Sesseler, Steele, Sussex Correctional Institution, Vernet, West, Wilkens. (Taylor, James) (Main Document 37 replaced on 10/21/2022) (vfm). (Entered: 10/21/2022)

Oct. 21, 2022

Oct. 21, 2022

PACER

CORRECTING ENTRY: D.I. 37 Replaced per counsel request. (vfm)

Oct. 21, 2022

Oct. 21, 2022

PACER

CORRECTING ENTRY:

Oct. 21, 2022

Oct. 21, 2022

PACER

- CORRECTING ENTRY

Oct. 21, 2022

Oct. 21, 2022

PACER
38

NOTICE OF SERVICE of Subpoena Duces Tecum to State of Delaware Department of Corrections filed by Donald R Beckwith, Adam Calloway, Keith Campbell, William Davis, Donbray Durham, Richard Edwards, Luke Erixson, Nasier Gibbs, Neki T Gibbs Sr., Aaron Givens, Augustine Haymond, Kevin Ignudo, Barry Kline, Michael Kline, Gerald Lusby, AJ McMullen, Isaac Montague, Christopher Morales, Timothy Newcomb, George Sturgis, Charles Turner.(Griffith, Daniel) (Entered: 01/19/2023)

Jan. 19, 2023

Jan. 19, 2023

PACER

Oral Order AND ~Util - Set Deadlines

April 14, 2023

April 14, 2023

PACER

ORAL ORDER, The parties are ordered to file on the docket a joint letter identifying their discovery dispute and briefly outlining their positions. The joint letter should not exceed three pages and must be filed by 4:00 p.m. on Tuesday, April 18. (Notice of Compliance deadline set for 4/18/2023.) Signed by Judge Thomas L. Ambro on 04/14/2023. (apk)

April 14, 2023

April 14, 2023

PACER

Oral Order

April 14, 2023

April 14, 2023

PACER
39

Letter to The Honorable Thomas L. Ambro from Daniel A. Griffith regarding Discovery Dispute. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Griffith, Daniel) (Entered: 04/18/2023)

April 18, 2023

April 18, 2023

PACER
40

ORDER, The parties shall file a stipulated protective order containing Confidential and Attorneys' Eyes Only designations by 4:00 p.m. on Tuesday, April 25, 2023. IT IS FURTHER ORDERED that the parties meet and confer on any future discovery disputes in an attempt to resolve them without judicial intervention. However, should future disputes arise, the parties should draft and file a joint letter not to exceed three pages briefly explaining their dispute and outlining their positions. (Notice of Compliance deadline set for 4/25/2023). Signed by Judge Thomas L. Ambro on 04/20/2023. (apk) (Entered: 04/20/2023)

April 20, 2023

April 20, 2023

PACER
42

SO ORDERED, re D.I. 41 Joint STIPULATION Confidentiality Provisions. Entered by Judge Thomas L. Ambro on 4/25/2023. (nmg) (Entered: 04/25/2023)

April 25, 2023

April 25, 2023

PACER

SO ORDERED

April 25, 2023

April 25, 2023

PACER
41

Joint STIPULATION Confidentiality provisions by Jon Beck, Braswell, Cassidy, Charles, Clark, Duperon, Givens, Hastings, Kraft, Matthew Long, Steven Long, Ryan Maddox, Mathis, McCarthy, Truman Mears, Brandon Messick, Issac Mitchell, Kirk Neal, L. Neal, Purdy, Purnell, Sesseler, Steele, Sussex Correctional Institution, Vernet, West, Wilkens, Wright. (Taylor, James) (Entered: 04/25/2023)

April 25, 2023

April 25, 2023

RECAP
43

NOTICE OF SERVICE of DOC Defendants' First set of Interrogatories and Requests for Production directed to all Plaintiffs filed by Jon Beck, Braswell, Cassidy, Charles, Clark, Duperon, Givens, Hastings, Hudson, Kraft, Matthew Long, Steven Long, Ryan Maddox, Mathis, McCarthy, Truman Mears, Brandon Messick, Issac Mitchell, Kirk Neal, L. Neal, Purdy, Purnell, Sesseler, Steele, Sussex Correctional Institution, Vernet, West, Wright.(De Feo, Marisa) (Entered: 06/08/2023)

June 8, 2023

June 8, 2023

PACER
44

NOTICE OF SERVICE of Interrogatories and Requests for Production of Documents filed by Donald R Beckwith, Adam Calloway, Keith Campbell, William Davis, Donbray Durham, Richard Edwards, Luke Erixson, Nasier Gibbs, Neki T Gibbs Sr., Aaron Givens, Augustine Haymond, Kevin Ignudo, Barry Kline, Michael Kline, Gerald Lusby, AJ McMullen, Isaac Montague, Christopher Morales, Timothy Newcomb, George Sturgis, Charles Turner.(Griffith, Daniel) (Entered: 06/14/2023)

June 14, 2023

June 14, 2023

PACER
46

NOTICE OF SERVICE of Plaintiffs' Objections to Defendants' First Set of Requests for Production of Documents and Plaintiff' Responses and Objections to Defendants' First Set of Interrogatories filed by Donald R Beckwith, Adam Calloway, Keith Campbell, William Davis, Donbray Durham, Richard Edwards, Luke Erixson, Nasier Gibbs, Neki T Gibbs Sr., Aaron Givens, Augustine Haymond, Kevin Ignudo, Barry Kline, Michael Kline, Gerald Lusby, AJ McMullen, Isaac Montague, Christopher Morales, Timothy Newcomb, George Sturgis, Charles Turner.(Griffith, Daniel) (Entered: 07/13/2023)

July 13, 2023

July 13, 2023

PACER
45

NOTICE OF SERVICE of Objections to Requests for Production filed by Braswell, Cassidy, Duperon, Evanglett, Givens, Hastings, Hudson, Matthew Long, Steven Long, Ryan Maddox, McCarthy, Brandon Messick, Issac Mitchell, Kirk Neal, L. Neal, Purdy, Purnell, Steele, Vernet, West, Wilkens, Wright.(De Feo, Marisa) (Entered: 07/13/2023)

July 13, 2023

July 13, 2023

PACER
47

ORAL ORDER: IT IS HEREBY ORDERED that Plaintiffs shall submit, by July 28, 2023, a chart identifying, for Count II (Lack of Adequate Medical Care), Count IV (Failure to Intervene), the second Count VI (Intentional Infliction of Emotional Distress), Count VIII (Retaliation), and Count IX (Substantive Due Process), each Plaintiff bringing a claim under each Count and the Defendant(s) against whom each Plaintiff is asserting each claim. Plaintiffs shall also identify the portions of the Complaint that provide the factual basis for each claim.( Notice of Compliance deadline set for 7/21/2023.) Signed by Judge Thomas L. Ambro on 7/21/2023. (apk) (Entered: 07/21/2023)

July 21, 2023

July 21, 2023

PACER

Oral Order AND ~Util - Set Deadlines

July 21, 2023

July 21, 2023

PACER
48

RESPONSE to Order re 47 Oral Order,,, Set Deadlines,, . (Griffith, Daniel) (Entered: 07/28/2023)

July 28, 2023

July 28, 2023

PACER
50

ORDER, The Defendants' motion to dismiss (D.I. 32 ) is GRANTED IN PART AND DENIED IN PART. The Defendants' motion to sever (D.I. 32 ) is DENIED. Plaintiffs have until 5:00 p.m. on Tuesday, September 19, 2023, to file an amended complaint that adds allegations in support of the claims dismissed without prejudice. (See Order for further details) Signed by Judge Thomas L. Ambro on 8/17/2023. (mpb) (Entered: 08/17/2023)

Aug. 17, 2023

Aug. 17, 2023

PACER
49

MEMORANDUM OPINION Signed by Judge Thomas L. Ambro on 8/17/2023. (mpb)

Aug. 17, 2023

Aug. 17, 2023

RECAP
52

NOTICE OF SERVICE of Plaintiffs' Rule 30(b)(6) Subpoena Directed to The Delaware Department of Corrections filed by Donald R Beckwith, Adam Calloway, Keith Campbell, William Davis, Donbray Durham, Richard Edwards, Luke Erixson, Nasier Gibbs, Neki T Gibbs Sr., Aaron Givens, Augustine Haymond, Kevin Ignudo, Barry Kline, Michael Kline, Gerald Lusby, AJ McMullen, Isaac Montague, Christopher Morales, Timothy Newcomb, George Sturgis, Charles Turner.(Griffith, Daniel) (Entered: 08/23/2023)

Aug. 23, 2023

Aug. 23, 2023

PACER
51

NOTICE OF SERVICE of Plaintiffs' Second Set of Interrogatories Directed to All Defendants filed by Donald R Beckwith, Adam Calloway, Keith Campbell, William Davis, Donbray Durham, Richard Edwards, Luke Erixson, Nasier Gibbs, Neki T Gibbs Sr., Aaron Givens, Augustine Haymond, Kevin Ignudo, Barry Kline, Michael Kline, Gerald Lusby, AJ McMullen, Isaac Montague, Christopher Morales, Timothy Newcomb, George Sturgis, Charles Turner.(Griffith, Daniel) (Entered: 08/23/2023)

Aug. 23, 2023

Aug. 23, 2023

PACER
54

ORAL ORDER, The parties are ordered to confer and submit a joint proposed scheduling order by noon on Friday, September 1. If the parties are unable to agree by that time, Defendants must submit their proposed scheduling order and an explanation of why Plaintiffs proposed order (D.I. 53-1) is unreasonable, and the Court will enter a scheduling order of its choosing. Ordered by Judge Thomas L. Ambro on 8/25/2023. (mpb) (Entered: 08/25/2023)

Aug. 25, 2023

Aug. 25, 2023

PACER

Oral Order AND ~Util - Set Deadlines

Aug. 25, 2023

Aug. 25, 2023

PACER
53

Letter to The Honorable Thomas L. Ambro from Daniel A. Griffith regarding Scheduling Order. (Attachments: # 1 Exhibit)(Griffith, Daniel) (Entered: 08/25/2023)

Aug. 25, 2023

Aug. 25, 2023

PACER
56

STIPULATION TO EXTEND TIME Answer to second amended and third amended complaints to October 9, 2023 - filed by Jon Beck, Braswell, Cassidy, Charles, Clark, Duperon, Givens, Hastings, Hudson, Kraft, Matthew Long, Ryan Maddox, Mathis, McCarthy, Truman Mears, Brandon Messick, Kirk Neal, L. Neal, Purdy, Purnell, Sesseler, Steele, Sussex Correctional Institution. (De Feo, Marisa) (Entered: 08/28/2023)

Aug. 28, 2023

Aug. 28, 2023

PACER
55

NOTICE of Appearance by Susan L Burke on behalf of All Plaintiffs (Burke, Susan) (Entered: 08/28/2023)

Aug. 28, 2023

Aug. 28, 2023

PACER
58

Letter to The Honorable Thomas L. Ambro from James D. Taylor, Jr. regarding DOC Defendants' Proposed Scheduling Order - re 54 Oral Order,, Set Deadlines,. (Attachments: # 1 DOC Defendants' Proposed Scheduling Order)(Taylor, James) (Entered: 09/01/2023)

Sept. 1, 2023

Sept. 1, 2023

PACER
57

Third INTERROGATORIES Propounded to Dfts. Mears and Beck filed by Donald R Beckwith, Adam Calloway, Keith Campbell, William Davis, Donbray Durham, Richard Edwards, Luke Erixson, Nasier Gibbs, Neki T Gibbs Sr., Aaron Givens, Augustine Haymond, Kevin Ignudo, Barry Kline, Michael Kline, Gerald Lusby, AJ McMullen, Isaac Montague, Christopher Morales, Timothy Newcomb, George Sturgis, Charles Turner.(Burke, Susan) (Entered: 09/01/2023)

Sept. 1, 2023

Sept. 1, 2023

PACER
59

NOTICE OF SERVICE of State of Delaware Department of Correction's Objections to Nonparty Subpoena filed by State of Delaware Department of Correction.(Taylor, James) (Entered: 09/06/2023)

Sept. 6, 2023

Sept. 6, 2023

PACER

Case Assigned/Reassigned

Sept. 13, 2023

Sept. 13, 2023

PACER

Case Reassigned to Judge Gregory B. Williams. Please include the initials of the Judge (GBW) after the case number on all documents filed. (rjb)

Sept. 13, 2023

Sept. 13, 2023

PACER

SO ORDERED

Sept. 15, 2023

Sept. 15, 2023

PACER

SO ORDERED, re 56 STIPULATION TO EXTEND TIME to Respond to second amended and third amended complaints to October 9, 2023 filed by Purdy, Cassidy, Matthew Long, Hudson, Truman Mears, Braswell, Givens, Kraft, Charles, Steele, Sesseler, Brandon Messick, Mathis, Duperon, Clark, Hastings, Ryan Maddox, Kirk Neal, Purnell, Jon Beck, McCarthy, Sussex Correctional Institution, L. Neal. Signed by Judge Gregory B. Williams on 9/15/23. (ntl)

Sept. 15, 2023

Sept. 15, 2023

PACER
60

Third AMENDED COMPLAINT against All Defendants - filed by Nasier Gibbs, State of Delaware Department of Correction, William Davis, Timothy Newcomb, George Sturgis, Gerald Lusby, Christopher Morales, Augustine Haymond, Charles Turner, Adam Calloway, Kevin Ignudo, Barry Kline, Donbray Durham, Isaac Montague, Aaron Givens, Michael Kline, Donald R Beckwith, Keith Campbell, AJ McMullen, Richard Edwards, Neki T Gibbs Sr., Luke Erixson. (Attachments: # 1 Exhibit Redlined version of TAC)(Burke, Susan) (Entered: 09/19/2023)

1 Exhibit Redlined version of TAC

View on PACER

Sept. 19, 2023

Sept. 19, 2023

Clearinghouse
63

NOTICE OF SERVICE of Responses and Objections to Interrogatories Regarding Spoliation of Evidence filed by Jon Beck.(Taylor, James) (Entered: 10/03/2023)

Oct. 3, 2023

Oct. 3, 2023

PACER
62

NOTICE OF SERVICE of Responses and Objections to Interrogatories Regarding Spoliation of Evidence filed by Truman Mears.(Taylor, James) (Entered: 10/03/2023)

Oct. 3, 2023

Oct. 3, 2023

PACER
61

STIPULATION TO EXTEND TIME DOC Defendants' Response to Third Amended Complaint to - filed by Jon Beck, Braswell, Cassidy, Charles, Clark, Duperon, Givens, Hastings, Hudson, Kraft, Matthew Long, Steven Long, Ryan Maddox, Mathis, McCarthy, Truman Mears, Brandon Messick, Issac Mitchell, Kirk Neal, L. Neal, Purdy, Purnell, Sesseler, Steele, Vernet, West, Wilkens, Wright. (Taylor, James) (Entered: 10/03/2023)

Oct. 3, 2023

Oct. 3, 2023

PACER

SO ORDERED

Oct. 4, 2023

Oct. 4, 2023

PACER

SO ORDERED, re 61 STIPULATION TO EXTEND TIME for DOC Defendants' Response to Third Amended Complaint to 12/1/23 filed by Purdy, Cassidy, Matthew Long, Hudson, Steven Long, Truman Mears, Wright, Braswell, Vernet, Givens, Kraft, Charles, Steele, Sesseler, Issac Mitchell, Brandon Messick, Mathis, Duperon, West, Clark, Wilkens, Hastings, Ryan Maddox, Kirk Neal, Purnell, Jon Beck, McCarthy, L. Neal. Signed by Judge Gregory B. Williams on 10/4/23. (ntl)

Oct. 4, 2023

Oct. 4, 2023

PACER
65

MOTION to Quash Subpoenas - filed by Assurance Media, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Text of Proposed Order)(Silverman, Madeline) (Entered: 10/20/2023)

Oct. 20, 2023

Oct. 20, 2023

PACER

- CORRECTING ENTRY

Oct. 20, 2023

Oct. 20, 2023

PACER
64

NOTICE of Appearance by Madeline Silverman on behalf of Assurance Media, LLC (Silverman, Madeline) (Entered: 10/20/2023)

Oct. 20, 2023

Oct. 20, 2023

PACER

CORRECTING ENTRY: The designation for Assurance Media, LLC has been changed from Defendant to Respondent per counsels' request. (vfm)

Oct. 20, 2023

Oct. 20, 2023

PACER

CORRECTING ENTRY:

Oct. 20, 2023

Oct. 20, 2023

PACER
66

EXHIBIT re 65 MOTION to Quash Subpoenas by Assurance Media, LLC. (Attachments: # 1 Exhibit B)(Silverman, Madeline) (Entered: 10/23/2023)

Oct. 23, 2023

Oct. 23, 2023

PACER
67

NOTICE of Withdrawal of Subpoenas to Assurance Media LLC by Donald R Beckwith re 65 MOTION to Quash Subpoenas (Burke, Susan) (Entered: 10/25/2023)

Oct. 25, 2023

Oct. 25, 2023

PACER
68

ORAL ORDER: IT IS HEREBY ORDERED that 65 MOTION to Quash Subpoenas filed by Assurance Media, LLC is DENIED AS MOOT (See D.I. 67). ORDERED by Judge Gregory B. Williams on 10/30/23. (ntl) (Entered: 10/30/2023)

Oct. 30, 2023

Oct. 30, 2023

PACER

Order

Oct. 30, 2023

Oct. 30, 2023

PACER
70

[SEALED] APPENDIX re 69 Answer to Amended Complaint, by Jon Beck, Braswell, Cassidy, Charles, Clark, Duperon, Everett, Givens, Hastings, Hudson, Kraft, Matthew Long, Steven Long, Ryan Maddox, Mathis, McCarthy, Truman Mears, Brandon Messick, Issac Mitchell, Kirk Neal, L. Neal, Purdy, Purnell, Sesseler, Steele, Teefor, Myles Vent, Vernet, West, Wilkens, Wright. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37, # 38 Exhibit 38, # 39 Exhibit 39, # 40 Exhibit 40, # 41 Exhibit 41, # 42 Exhibit 42)(Taylor, James) (Entered: 12/01/2023)

Dec. 1, 2023

Dec. 1, 2023

PACER
69

ANSWER to Amended Complaint, re: 60 Amended Complaint,, with Jury Demand by Jon Beck, Braswell, Cassidy, Charles, Clark, Duperon, Evanglett, Everett, Givens, Hastings, Hudson, Kraft, Matthew Long, Steven Long, Ryan Maddox, Mathis, McCarthy, Truman Mears, Brandon Messick, Issac Mitchell, Kirk Neal, L. Neal, Purdy, Purnell, Sesseler, Steele, Teefor, Myles Vent, Vernet, West, Wilkens, Wright.(Taylor, James) (Entered: 12/01/2023)

Dec. 1, 2023

Dec. 1, 2023

RECAP
73

STIPULATION TO EXTEND TIME for Defendants to file public, redacted versions of documents to December 22, 2023 - filed by Jon Beck, Braswell, Cassidy, Charles, Clark, Duperon, Givens, Hastings, Hudson, Kraft, Matthew Long, Steven Long, Ryan Maddox, Mathis, McCarthy, Truman Mears, Brandon Messick, Issac Mitchell, Kirk Neal, L. Neal, Purdy, Purnell, Steele, Sussex Correctional Institution, West, Wilkens, Wright. (De Feo, Marisa) (Entered: 12/08/2023)

Dec. 8, 2023

Dec. 8, 2023

PACER

Case Details

State / Territory: Delaware

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Dec. 17, 2021

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The plaintiffs are two former or current inmates at the Sussex Correctional Institution.

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Sussex Correctional Institution, State

Correctional Officers, State

Warden, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Mixed

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

Jails, Prisons, Detention Centers, and Other Institutions:

Assault/abuse by staff (facilities)